Legal Opinion
City of Evansville and The Evansville Department of Parks and Recreation v. Benjamin A. Magenheimer
Indiana Court of Appeals
Decided June 24, 2015No. 82A01-1409-PL-398PublishedCited by 5 opinions
1Opinion of the Court
BAKER, Judge.
[1] The City of Evansville (Evansville) appeals the trial court’s denial of its motion for judgment on the pleadings. Benjamin Magenheimer filed a complaint alleging that Evansville violated Indiana Code chapter 35-47-11.1, which generally bars political subdivisions from regulating firearms, when it enforced a provision of its municipal code that prohibited the carrying of firearms in public parks against Magenheimer. Magenheimer brought suit pursuant to Indiana Code section 35-47-11.1-5, which creates a private right of action for individuals to enforce the statute’s…
2Cases cited12 opinions
- Davidson v. PerronIndiana Court of Appeals · 1999
- Florin v. Nationsbank of Georgia, N.A.Court of Appeals for the Seventh Circuit · 1994
- Livingston v. Consolidated City of IndianapolisIndiana Court of Appeals · 1979
- State v. International Business MacHines Corp.Indiana Supreme Court · 2012
- State Board of Tax Commissioners v. Town of St. JohnIndiana Supreme Court · 2001
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3Cited by5 opinions
- City of Evansville and The Evansville Department of Parks and Recreation v. Benjamin A. MagenheimerIndiana Court of Appeals · 2017
- Eric J Mapes v. Carroll County IndianaIndiana Court of Appeals · 2025
- Mayberry v. HallDistrict Court, N.D. Indiana · 2025
- Randy Chariton, on behalf of himself and all others similarly situated v. City of Hammond, Indiana Board of Public Works and Safety (mem. dec.)Indiana Court of Appeals · 2020
- Smith & Wesson Corp. v. City Of Gary, IndianaIndiana Court of Appeals · 2025